Item Coversheet


City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov

 Item 3
COMMITTEE MEMORANDUM

TO: Land Use and Sustainability Committee

FROM: Alina T. Hudak, City Manager

DATE: February 26, 2024
TITLE:

REPEAL CO-LIVING INCENTIVES ALONG WASHINGTON AVENUE AND RESTRICT THE MAXIMUM NUMBER OF COLIVING UNITS IN THE NORTH BEACH TOWN CENTER CORE (TCC) DISTRICT, TO PROHIBIT THE APPROVAL OF ANY NEW CO-LIVING DEVELOPMENT IN THE CITY

HISTORY:

On December 13, 2023, at the request of Commissioner Alex Fernandez, the City Commission referred the subject discussion item (C4 T) to the Land Use and Sustainability Committee (LUSC) and the Planning Board. Commissioners Tanya K. Bhatt and Joseph Magazine are co-sponsors of the proposal.

BACKGROUND
As noted in the attached referral memo, the item sponsor has requested that the LUSC discuss and consider an ordinance amendment regarding the following:

1. Repeal the co-living incentives for Washington Avenue; and

2. Reduce the maximum number of co-living units in the TC-C district to include only the number of units that have already been approved.

As noted further by the sponsor, the effect of this legislation will be to prohibit the approval of any new co-living development in the City. Following discussion by the LUSC, the item sponsor has requested that staff transmit an Ordinance amending the Land Development Regulations of the City Code (LDRs) to the Planning Board.

ANALYSIS:

Co-living units, which were introduced pursuant to the creation of the North Beach Town Center Central Core District (TC-C) in 2018, are defined as follows:

Co-living shall mean a small multi-family residential dwelling unit that includes sanitary facilities and provides access to kitchen facilities; however, such facilities may be shared by multiple units. Additionally, co-living buildings shall contain amenities that are shared by all users.

Currently, co-living units are only permitted along limited portions of Washington Avenue, and in the North Beach Town Center. Specifically, in South Beach, co-living is only permitted on the west side of Washington Avenue between 6th Street and 15th Street, and on both sides of Washington Avenue between 15th Street and 16th Street. In North Beach, co-living is only permitted in the TC-C district and is subject to a limit of 550 co-living units throughout the entire district.

The following is the status of two co-living projects that were recently proposed on Washington Avenue:

1. West side of Washington at 13th Street (1234-1260 Washington): A demolition permit was issued, and demolition commenced. Although partial construction ensued, the full building permit was never issued. To date, staff is not aware of any movement from the developer about obtaining the full building permit. The code requires that the full building permit for the project be issued by May 27, 2024. If the full building permit for the project is not issued by this date, the co-living units cannot be approved. Note that other legal and regulatory proceedings impacting the property may be in progress.

2. East side of Washington (1500 block). Pre-application meetings have been held with Planning Staff. Planning Board and Historic Preservation Board applications were submitted but neither application has been scheduled for a public hearing for either Board as the applications are still not complete. Additionally, the project applicant has represented that they are likely going to be proposing a hotel model, as opposed to co-living. The Code requires that permits for co-living be issued by May 27, 2026. If the full building permit for any co-living units is not issued by this date, the co-living units cannot be approved.

The following is a summary of co-living units in the North Beach TC-C district that have obtained a building permit process number as of October 1, 2023:

Project Address                    Co-Living Units
7118-7114 Collins Avenue    168
7125-7145 Carlyle Avenue    121
6970 Collins Avenue              20
409 71st Street                      139
6973 Indian Creek Drive        81

Total Units Proposed             529
Units Previously Remaining   21

Co-living units in the TC-C district are only permitted for projects that have obtained a building permit process number by October 1, 2023. As such the 21 co-living units shown above as previously remaining can longer be utilized. Additionally, if any of the permits for the above noted projects become inactive or expire, the associated co-living units would expire and could not be re-activated.

If there is a desire to remove the ability for co-living units on Washington Avenue, an amendment to the CD-2 regulations would be required. This would likely have a negligible impact as none of the previously approved proposals, as noted above, appear to be moving forward.

Regarding the TC-C district, no additional co-living units beyond the 529 units currently permitted would be allowed in the district. As the number of co-living units approved is fairly de minimis in relation to the larger TC-C district, and to avoid the creation of legal non-conforming units, it is recommended that no modifications be made to the TC-C district regulations.

CONCLUSION:

The Administration recommends that the Land Use and Sustainability Committee discuss the item and provide a recommendation to the Planning Board.

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 

Departments

Planning
ATTACHMENTS:
DescriptionType
REF C4TMemo